Location. CONCERNING ROADS. be and they are hereby appointed commissioners to go upon and view the premises, and determine whether there is need of a new public road in Indian River hundred, commencing at a point on the road leading from Lewes to Millsboro, at or near the house now occupied by Joseph Carey, on the lands belonging to Willliam F. Rodney, and running thence through said lands of William F. Rodney, lands of John and David Mustard, lands of Harbeson Hickman, lands of the heirs of David Millis, deceased, and lands of Thomas Walls, until it intersects the road leading from Cool Spring to Bundick's Branch, at or near Joppa Meeting House; and if the aforesaid commissioners, or a majority of them, shall determine that there is need of a new public road, as above menSurveyor. tioned, then they shall, with the assistance of some skillful surveyor, to be by them employed, lay out such public road as shall be most proper, having respect to the nature of the ground, the shortness of the distance and all circumstances of public or private convenience or detriment, and shall cause a plot of the said road to be made, representing the courses and distances thereof, and shall assess any damage which may accrue to the owner or owners of the lands through which the said public road shall pass, taking into consideration all the circumstances of benefit as well as injury which will accrue to each of the owners, and shall make a computation of the costs of opening and making said public road, and making the bridges and causeways thereon, if any, setting down the several items of said costs, and shall in their return set forth a description of the said public road, and their determination that there is need of the same for public convenience, and shall annex to their return the aforementioned plot. Plot. Damages. Return of Commissioners. Plot and return. sioners and be sworn. SECTION 2. And be it further enacted, That the plot and returns so to be made, as aforesaid, by the said commissioners, or a majority of them, shall be returned to the Clerk of the Peace, in and for Sussex County, to be by him laid before the Levy Court of said county, and the same shall be a public road when, accepted by the Levy Court of Sussex county as such. SECTION 3. And be it further enacted, That the aforesaid DagCommis- worthy Derrickson, James F. Martin, Shepard P. Martin, John Surveyor to M. Hopkins, and William E. Hazzard, and the surveyor employed by them, shall, before performing the duties herein as signed them, be sworn or affirmed to perform the duties incumbent upon them under this act, faithfully and impartially, according the best of their skill and judgment respectively, and Compensa for such services they shall receive the sum of one dollar each for each day they may be engaged in the aforesaid duties. tion. Passed at Dover, February 1, 1866. CONCERNING ROADS. CHAPTER 61. CHANGE OF PUBLIC ROAD AUTHORIZED. SEC. 1. T. W Burton authorized to straighten SEC. 2. Costs, how to be paid. public road. Course of new road. Old road vacated. An Act to enable Thomas W. Burton to straighten a certain Public Roud on his own land in Indian River Hundred, in Sussex County. to straighten SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Thomas W. Burton be and he is hereby authorized to straighten T. W.Burton the public road running from Long Neck to Angola, in Indian public road. River hundred, in Sussex county, that is to say: Beginning at the end of a lane near the residence of the said Burton, at a point on new road. the aforesaid road, and running a straight line through the lands of the said Burton until it reaches the said county road again near a school-house on said road. Course of SECTION 2. And be it further enacted, That the cost of open- Costs, how ing and straightening of the said road shall be paid by the said paid. Thomas W. Burton, and that when said road shall be opened and put in good order for public travel, the said Thomas W. Burton may vacate and enclose so much of the old road as is supplied vacated. by the new road. Passed at Dover, February 2, 1866. Old road An Act to authorize the laying out a Public Road in Little Creek Hundred, in Sussex County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That John Morris, Joshua Cannon, and William H. Wheatly be and Commis they are hereby appointed commissioners to go upon and view the sioners. Location. Plot. CONCERNING ROADS. premises and determine whether there is need of a new public road, commencing at a point at or near the Depot, on the Delaware Railroad, at Laurel, in Sussex county, and running from thence on the division line between the lands of William S. Callaway, and lands of Levin S. Callaway, until it intersects the public road leading from Nathaniel Horsey's mill to the town of Laurel; and if the said commissioners, or a majority of them, determine that there is need of a new public road, as above mentioned, then they Surveyor. shall, with the assistance of some skillful surveyor, to be by them employed, lay out such public road, and shall cause a plot of said road to be made, representing the courses and distances thereof, and shall assess any damages which may accrue to the owners of the land through which said road may pass, taking into consideration all circumstances of advantage, as well as injury, resulting to such owners, and shall make a computation of the costs of opening and making said public road and making the bridges and causeways thereon, if any, setting down the several items of said costs, and shall in their return set forth a description of the said road, and their determination that there is need of the same for public convenience, and shall annex to their return the aforementioned plot. Damages. Return of Commissioners. Plot and return. To be laid SECTION 2. And be it further enacted as aforesaid, That the plot and return so to be made, as aforesaid, shall be returned by the commissioners, or a majority of them, to the Clerk of the Peace in and for Sussex county, to be by him laid before the Levy before Levy Court of said county, and the damages assessed being paid by the parties particularly interested therein, the Levy Court aforesaid may adopt the same as a public road, and may make such appropriations as they may deem proper for opening the same and keeping it in repair. Court. Commis Surveyor to be sworn. SECTION 3. Be it further enacted as aforesaid, That the comsioners and missioners aforesaid, and the surveyor to be by them employed, shall, before entering on the duties herein required of them, be severally sworn or affirmed to perform the duties imposed by by this act, faithfully and impartially, according to the best of their skill and judgment. They shall receive for their services Compensa under this act such compensation as the said Levy Court may allow. tion. Public act. SECTION 4. Be it further enacted as aforesaid, That this act shall be deemed and taken to be a public act. Passed at Dover, February 2, 1866. CONCERNING ROADS. CHAPTER 63. ROAD TO BE OPENED. SE. 1. Levy Court Commissioner of Lewes and | SEC. 1. Part of a certain road in said hundred An Act to open a part of a new Public Road in Lewes and Rehoboth Hundred, in Sussex County. "directed to SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the Levy Court Commissioner of Lewes and Rehoboth hundred, L. C. Com. Sussex county, be and he is hereby authorized and directed to open a road. open a certain part of a new road laid out and confirmed by the Court of General Sessions of the Peace, in and for Sussex county, that is to say: Beginning at the lower end of the new public road lately opened, and at a point on the mill road running through the lands of John Marsh, William D. Paynter, James Magee, John Morrix and Joseph Morrix, and terminating at the county road leading from the Rehoboth beach to Burton's mill. Passed at Dover, February 2, 1866. An Act appointing Commissioners to change and straighten the course of a sioners. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Edward Beck, Horace Spruance, John H. Hoffecker, Peter Mere- Commis dith and John Green be and they are hereby appointed commissioners to go upon and view the public road in Duck Creek hundred, leading from Spruance's Crossing, a point on the Delaware Railroad, to the Smyrna and Kenton road, and if in their judg ment, or in the judgment of a majority of them, the public convenience would be promoted by changing the course of a part of said public road, they or a majority of them are hereby authorized to change and straighten said public road as follows, to wit: Course of new road. Map and return of CONCERNING RAILROADS. Beginning at the junction of the said road leading from Spruance's crossing to the Smyrna and Kenton road and the public road leading to Brenford Station, and from thence running the same course of the said road from Spruance's Crossing to the said junction, through lands of James W. Spruance and lands of Henry P. Massey, until it strikes or reaches a point in the common boundary or division line between lands of the said Henry P. Massey and lands of John L. Bilderback, and from thence running by and with the course of the said boundary or division line between said Massey and said Bilderback until it reaches the public road leading from Smyrna to Kenton. SECTION 2. And be it enacted by the authority aforesaid, That the commissioners aforesaid, or a majority of them, are hereby authorized, with the assistance of some skillful surveyor to be selected by them, to cause a map of the courses and discommission- tances of the road as hereby authorized to be changed and straightened to be made out and returned to the office of the Clerk of the Peace, in and for Kent county aforesaid, with an estimate of the costs of opening said road for public travel, and an assessment of damages, if any be allowed, to the persons through whose lands the alteration in said road shall pass. ers. Where returned. What to show. SECTION 3. Be it further enacted, That the Levy Court of Kent Levy Court County may adopt the alterations and changes made by the commay adopt. missioners aforesaid as a part of the road leading from Spruance's Crossing aforesaid to the Smyrna and Kenton road aforesaid, and may make appropriations for opening the same for public travel; and the road when so opened shall be deemed and taken to be a To be a pub- public road, and that part of the old road superceded by the alterations and changes hereby authorized to be made, shall thereOld road va- upon be vacated and may be enclosed by the persons through whose lands the said vacated portion of the old road passes, and in any proceedings against them for so doing they may give this act in evidence under the general issue as their sufficient justifi lic road. cated. Commission ers to be SWOTR. cation. SECTION 4. Be it further enacted, That the commissioners aforesaid, before entering upon their duties under this act, shall be severally sworn or affirmed to discharge the duties herein. imposed impartially and to the best of their skill and judgment, and may respectively administer the oath or affirmation to each Their com other. They shall receive each the sum of two dollars for each days attendance as commissioners aforesaid, to be allowed together with all other costs by the Levy Court of Kent county as in other pensation. cases. SECTION 5. Be it further enacted, That this act shall be deemed Public act. and taken to be a public act. Passed at Dover, February 7, 1866. |